SCOTUS celebrates Independence Day and our Constitution by incorporating the 2nd Amendment
It's amazing to me that it was two years ago that I was sitting on the edge of my seat following real-time updates from the Supreme Court Of The United States waiting for the ruling in Heller V District of Columbia. That was a pretty good day. The Constitution won and the court struck down the D.C. law banning hand guns as being unconstitutional. And that should have been the end of it, but it wasn't. You see, since the Supreme Court had never actually ruled on the 2nd Amendment before, and Heller was the first direct 2nd Amendment ruling, the anti-gun crowd took a new tactic. That of incorporation.
Incorporation means that a given Amendment applies to the entire country, evenly, down to the local level. Now, one would think that if they Constitution rules the land, then the land should be ruled by the constitution. However, that's not always the case, as was argued in the second 2nd Amendment challenge, McDonald V Chicago. Apparently, the Bill of Rights only SELECTIVELY applies, unless incorporated under the 14th Amendment, either by the 14th's Privileges and Immunities or Due Process clauses. Well, that question has been answered today.
The Supreme Court has ruled, affirming McDonald and stating that the 2nd Amendment IS incorporated under the 14th, and thus applies evenly across the United States. The ruling can be found here (PDF). All I can say is Thank You Supreme Court for the lovely Independence Day gift!








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